A federal appeals court has given a former Bayer employee a second chance at pressing a whistleblower lawsuit that accuses the drugmaker of illegally and deceptively marketing its Baycol cholesterol drug. However, the suit can only proceed on the grounds that Bayer cheated the US Department of Defense, not federal healthcare programs such as Medicare and Medicaid, of millions of dollars. The lawsuit, which was filed seven years ago by a former market research manager named Laurie Simpson, may become a coda in the troubled saga of the cholesterol pill.